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By the authority vested in me as President by the Constitution
and the laws of the United States of America, including section
48 of the Hawaii Omnibus Act, Public Law 86-624, and section 301
of title 3, United States Code, it is hereby ordered as follows:
Section 1. The Midway Islands, Hawaiian group, and their
territorial seas, located approximately between the parallels of
28 degrees 5 minutes and 28 degrees 25 minutes North latitude and
between the meridians of 177 degrees 10 minutes and 177 degrees
30 minutes West longitude, were placed under the jurisdiction and
control of the Department of the Navy by the provisions of
Executive Order 199-A of January 20, 1903, and Part II of
Executive Order 11048 of September 4, 1962, and are hereby
transferred to the jurisdiction and control of the Department of
the Interior. The provisions of Executive Order 199-A of January
20, 1903, and the provisions of Executive Order 11048 of
September 4, 1962, that pertain to the Midway Islands are hereby
superseded.
Sec. 2. The Midway Islands Naval Defensive Sea Area and the
Midway Islands Naval Airspace Reservation are hereby dissolved.
The provisions of Executive Order 8682 of February 14, 1941, as
amended by Executive Order 8729 of April 2, 1941, are hereby
superseded.
Sec. 3. (a) The Secretary of the Interior, through the United
States Fish and Wildlife Service, shall administer the Midway
Islands as the Midway Atoll National Wildlife Refuge in a manner
consistent with Executive Order 12996 of March 25, 1996, for the
following purposes:
(1) maintaining and restoring natural biological diversity
within the refuge;
(2) providing for the conservation and management of fish
and wildlife and their habitats within the refuge;
(3) fulfilling the international treaty obligations of the
United States with respect to fish and wildlife;
(4) providing opportunities for scientific research,
environmental education, and compatible wildlife dependent
recreational activities; and
(5) in a manner compatible with refuge purposes, shall
recognize and maintain the historic significance of the Midway
Islands consistent with the policy stated in Executive Order
11593 of May 13, 1971.
(b) The Secretary of the Interior shall be responsible for
the civil administration of the Midway Islands and all executive
and legislative authority necessary for that administration, and
all judicial authority respecting the Midway Islands other than
the authority contained in 48 U.S.C. 644a.
Sec. 4. Any civil or criminal proceeding that is pending the
Midway Islands Code, 32 CFR Part 762, upon the date of this
order, shall remain under the jurisdiction of the Secretary of
the Navy. Actions arising after the date of this order are the
responsibility of the Secretary of the Interior and shall be
administered pursuant to regulations promulgated by the Secretary
of the Interior.
Sec. 5. To the extent that any prior Executive order or
proclamation is inconsistent with the provisions of this order,
this order shall control.
Sec. 6. Nothing in this order shall be deemed to reduce, limit,
or otherwise modify the authority or responsibility of the
Attorney General of the United States to represent the legal
interests of the United States in civil or criminal cases arising
under the provisions of 48 U.S.C. 644a.
/s/William J. Clinton
THE WHITE HOUSE,
October 31, 1996.